Faulty Replacment Item

SAPFO

Big of advice really, as before I approach the company I would like to know where I stand legally.


I purchased a cross trainer from the manufacturer, but via ebay on 16th Jan this year. It failed, and they sent a replacement on Feb 16th. The replacement has now failed (top gear rubbing). I have the receipt for the original sale along with the communication I had with them regarding the first failed machine, also parcel tracking details for the replacement from the manufacturer. That was delivered on 17th Feb 10.

So I made the original purchase just few days over 6 months ago, but the replacement came 5 months ago. Who would have to pay shipping should they want it returned as it is 42kg. Last time the replaced they told me to chuck the old one away, but that was not long after sale.

SAPFO

As this was the 2nd time I have had a failed machine, would I have a case under the Sale of Goods Act for it being Unfit for Purpose, and be entitled to a refund?

adam.mt

Is it the same fault both times? If yes then you could claim under SoGA and the burden of proof is theirs.

If it's a different fault then again you can claim under SoGA but the burden of proof is now yours (it's 6 months from the original purchase). This may entail having to commission an independent report.

SAPFO

No, it is a different failure this time. The sale may be 6 months, but the replacement is 5 months old and I have proof on delivery from them too. What is my best route?

It obviously is not built to do the job it is sold for for very long.

adam.mt

It is still 6 months from the original purchase I'm afraid so burden of proof is now on you.

By all means negotiate with the company to see whether it can be resolved without resorting to court action and with minimum inconvenience. However, that's the legal standpoint.

SAPFO

Ok thanks. So what do I have to prove? It is obviously faulty.

unholyangel

You have to prove the fault is inherent and hasnt been caused through misuse or wear n tear. Which you can (as adam advised) by commissioning an independent report.

If found to be in your favour, you should be refunded for the report.

And of course i would only go down this route if the were denying the fault is inherent and you are sure it is inherent. No point paying for a report that you might not need because they're willing to replace/partial refund you

SAPFO

I want a refund to be honest. This is the 2nd time now. If I take another one then what if that one fails in the future? I would rather not take another chance on them again.

unholyangel

SAPFO wrote: »

I want a refund to be honest. This is the 2nd time now. If I take another one then what if that one fails in the future? I would rather not take another chance on them again.

You can certainly request a refund. Just be aware that if granted, it may be a partial refund.

SAPFO

How partial can it be? Well I have had some use out of it so that does seem fair enough.

unholyangel

SAPFO wrote: »

How partial can it be? Well I have had some use out of it so that does seem fair enough.

Depends on quite a lot. Price paid, quality, amount of use had etc.
I always use this example so forgive me but you wouldnt expect a machine that costs £100 to last as long as one that cost £1000 would you?